Overview of EB2 NIW Job Offer Requirement
It is quite popular among petitioners to think that there is a job letter requirement for EB2 NIW. However, such thinking is a widespread misconception. The truth is that you can apply for a national interest waiver without having an employer. In this short video, Silmi Law will explain why.
What to Remember About the NIW Job Offer Myth
- No EB2 NIW job offer requirement exists. There is no need for a job offer or an employment letter.
- NIW bypasses the labor certification process by the Department of Labor.
- USCIS is interested in your qualifications and the endeavor you plan.
- Entrepreneurs can satisfy the requirements without any employer.
- Searching for a traditional job cannot be your NIW endeavor.
Is There Really an EB2 NIW Job Offer Requirement?
No. The National Interest Waiver (NIW) is the second category of employment-based visa petitions. Generally, an NIW falls under the category where a labor certification would be necessary. However, the NIW requests that USCIS grant the waiver for that condition. This means you can pursue a national interest waiver without employer involvement, and no employer letter for an EB-2 NIW is needed.
For more information about this category, visit the USCIS website on the USCIS page on Employment-Based Immigration: Second Preference EB-2.
What the Waiver Changes for the Department of Labor’s Role
- This waiver eliminates the requirement for the pre-approved job offer process.
- The US Department of Labor will not examine your salary or job description.
- Your employer is not required to be involved in the filing.
How Does USCIS Decide You Are a Professional Class Worker?
Applying on the basis of NIW means that you will apply under the category of professional class workers. First, USCIS examines your education or experience and then looks into whether your petition fulfills the national interest of the United States. There are two possible ways to prove professional class status.
Qualifying Through an Advanced Degree
- You can prove this through having an advanced degree in your field.
Qualifying Through Exceptional Ability
- You have a bachelor’s degree and also have the requisite years of experience, or
- You satisfy a number of the USCIS exceptional ability criteria.
New to this process? Our video on the national interest waiver green card process gives a simple overview.
What Must Your Plan Show to Earn the Permanent Labor Certification Waiver?
In order for you to qualify for this waiver, there are three requirements that you need to fulfill:
- Your proposed endeavor of national importance also has substantial merit.
- You are well-placed to further the effort that you have proposed.
- Overall, it is beneficial for the United States to accept you despite the fact that your waiver has a potential negative impact on the American labor market. The reason for this is the preapproved employment process that is waived in this particular case.
Why Applying Only to Find an Ordinary Job Fails
- Your undertaking cannot be associated with a single ordinary occupation.
- Traveling to the United States in order to seek an ordinary occupation will not result in your acceptance.
- Your undertaking must be a sophisticated one that will fulfill the requirement of national interest from the Dhanasar case.
- According to this case, an entrepreneur may meet the criteria of national interest. An individual who starts his or her business does not have an employment letter, and that is okay.
Want to see a strategy in action? Watch our video on the successful approach to a national interest waiver.
Talk to an Immigration Attorney Before Filing Without an Employer
If you are considering applying without an employer from the United States, contact an immigration lawyer who can look into your profile and ambition.
You can contact us at (443) 329-2929 or book a case review on our consultation page.